Louisiana Revised Statutes 37:2157 – Exemptions
Terms Used In Louisiana Revised Statutes 37:2157
- contractor: includes persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services. See Louisiana Revised Statutes 37:2150.1
- Person: means any individual, firm, partnership, association, cooperative, corporation, limited liability company, limited liability partnership, or any other entity recognized by Louisiana law; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as a successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person; or any state or local governing authority or political subdivision performing a new construction project which exceeds the contract limits provided in Louisiana Revised Statutes 37:2150.1
- Proprietary: shall mean specific and specialized equipment installation, manufacturing processes, uses, or components that are protected from disclosure to third parties by the owner or manufacturer of the equipment. See Louisiana Revised Statutes 37:2150.1
- residential contractor: includes all persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services. See Louisiana Revised Statutes 37:2150.1
A. The provisions of this Part shall not apply to any of the following:
(1) The state or any of its political subdivisions.
(2) Any public utility providing gas, electric, or telephone service which is subject to regulation by the Louisiana Public Service Commission or the council of the city of New Orleans, or to any work performed by the public utility in furnishing its authorized service.
(3) Owners of property who supervise, superintend, oversee, direct, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or maintenance of any building, railroad excavation, project, development, improvement, plant facility, or any other construction undertaking, on that property, for use by the owner, and which will not be for sale or rent, and the control of access to which shall be controlled by the owner so that only employees and nonpublic invitees are allowed access.
(4) Any person donating labor and services for the supervision and construction of or for the maintenance and repair of churches.
(5) Any farmer doing construction for agricultural purposes on leased or owned land.
(6) Any person bidding or performing work on any project totally owned by the federal government.
(7) Any person engaged in rail or pipeline construction activities performed on property he owns or leases.
(8) Any citizen volunteering labor for the construction of a project which is funded by the Louisiana Community Development Block Grant, Louisiana Small Towns Environment Program.
(9) Any person, supplier, or manufacturer who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied to a contractor to be used solely for a construction project.
(10) The manufactured housing industry or any person engaged in any type of service, warranty, repair, or home improvement work on factory-built, residential dwellings that are mounted on chassis and wheels.
(11) Any person bidding or performing work on any project paid for by monies from the Oilfield Site Restoration Fund or Coronavirus Aid, Relief, and Economic Security (CARES) Act.
(12) Any work covering dewatering or water mitigation.
(13) Any employee of any contractor.
(14) Owners of property who supervise, superintend, oversee, direct, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or maintenance of their personal residences, if the homeowner does not build more than one residence per year. The one-year period shall commence on the date of occupancy of the residence. However, an owner of property may build more than one single-family dwelling in a one-year period if the construction of an additional residence occurs as a result of a change in the legal marital status of the owner or change in the employment status of the owner whereby the owner must relocate to another employment location, which is located in excess of fifty miles from his personal residence.
(15) Persons performing the work of a residential contractor in areas or municipalities that do not have a permitting procedure.
(16) The following persons are exempt from home improvement licensure:
(a) A residential property owner who physically performs the home improvement work on his personal residence.
(b) Persons licensed as a building construction contractor or residential contractor.
(c) Any person who works exclusively in any of the following home improvement areas:
(i) Landscaping.
(ii) Interior painting or wall covering.
(17) The following persons are exempt from mold remediation licensure:
(a) A residential property owner who performs mold remediation on his own property.
(b) An owner or tenant, or a managing agent or employee of an owner or tenant, who performs mold remediation on property owned or leased by the owner or tenant. This exemption does not apply if the managing agent or employee engages in the business of performing mold remediation for the public.
B. The provisions of this Section shall not be construed to waive local and state health and life safety code requirements.
Added by Acts 1956, No. 233, §7. Amended by Acts 1962, No. 184, §1; Acts 1964, No. 113, §7; Acts 1966, No. 292, §1; Acts 1968, No. 212, §1; Acts 1976, No. 377, §1; Acts 1979, No. 544, §1; Acts 1979, No. 782, §1; Acts 1980, No. 606, §1, eff. July 23, 1980; Acts 1981, No. 668, §1; Acts 1982, No. 832, §1; Acts 1985, No. 982, §1; Acts 1988, No. 635, §1, eff. Jan. 1, 1989; Acts 1989, No. 559, §1; Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 2000, 1st Ex. Sess., No. 21, §1; Acts 2003, No. 643, §1; Acts 2003, No. 902, §1; Acts 2003, No. 1146, §2; Acts 2011, No. 107, §2; Acts 2019, No. 371, §1; Acts 2020, No. 242, §2; Acts 2022, No. 195, §1.